Workers' Compensation FAQ

Frequently Asked Questions (FAQs) About Workers' Compensation

The lawyers of Angiuli & Gentile, LLP, thrive at putting people's minds at ease during workers' compensation cases in New York. We do this by providing you with the straight answers you need to even the most difficult questions. We know clients need these answers in order to make intelligent decisions.

For that reason, we provide this page of questions and answers that we see frequently in our practice. Keep in mind, however, that real answers to your questions require that you spend time with someone who can recognize how the specific facts of your own case may constitute exceptions to the general rules.

To get that attention from a Staten Island workers' compensation law firm, please call us at Angiuli & Gentile, LLP, to schedule an initial consultation: 347-201-4447.

Q: I am a 1099 worker. Can I qualify for workers' compensation benefits?

A: Even if you get a 1099 from your employer, you may still be eligible to receive wage loss benefits. We can help you get the benefits you deserve. Learn more.

Q: What kind of injuries are covered by workers' compensation.

A: Whether your injury is physical, mental or emotional in nature, it is covered by workers' compensation if it is work-related. However, certain injuries are more aggressively challenged by the insurance companies. Learn more.

Q: Is there a timeline for filing a claim?

A: YES! For accident-related injuries, you have two years from the date of the accident to file a claim. For occupational diseases developed over time at work, you have two years from when you knew or should have known that you were suffering from an illness.

HOWEVER! It is required that you NOTIFY YOUR EMPLOYER of your work-related injury or disease within 30 days of the accident or when you discover your illness. You should notify your employer immediately after an injury regardless of whether or not you intend to pursue a workers' compensation claim.

Q: Does workers' compensation cover just my medical bills?

A: No. While workers' compensation does cover your medical bills associated with a work-related injury or occupational disease, you may also be entitled to compensation for lost earnings should you stop work because of the injury or disease. Learn more.

Q: What compensation amount could I receive?

A: Compensation benefits for lost wages are calculated using the following formula, subject to a maximum weekly amount that is set by the Workers' Compensation Board each year:

The first step is calculating your average pretax weekly wage. For example, if you earned $52,000/year in pretax salary, your average weekly wage would be $1,000. Your doctors, as well as an independent medical examiner ("IME"), will determine what percentage you are disabled.

Q: Can I get benefits beyond workers' compensation?

A: If a negligent third party caused or contributed to your injury, we can pursue a personal injury claim against that third party in addition to handling your workers' compensation case. Learn more.

Q: Can I get Social Security Disability benefits?

A: If you qualify for Social Security Disability (SSD) benefits, you can receive those benefits in addition to your workers' compensation benefits. However, it is important to have an attorney who can coordinate your claims and make sure you receive the full compensation you are entitled to under the law. Learn more.

Q: What happens if I cannot return to work?

A: If you are unable to return to work after your injury, you can still receive workers' compensation benefits. Additionally, if you are disabled, you may be entitled to additional compensation through the Social Security Disability (SSD) system. Additionally, if you are able to return to work in a different job with lower pay, you may be entitled to benefits to help cover a part of your lost wages.

Q: Do I need a workers' compensation lawyer?

A: You are not required to have a lawyer handling your case, but it can make all the difference in whether you receive a successful outcome. Having the right lawyer on your side can help you maximize your compensation. Learn more.

Success Stories

A 43 year old ironworker who fell four stories and sustained injuries to his ankle while installing a staircase settled his
claim for $1,500,000.00. The accident was due to the failure of the building owner and general contractor to provide a safe place to work.

A construction worker operating an asphalt roller settled his
case for $525,000.00 when the edge of the roadway he was paving collapsed into a trench being dug by a subcontractor causing him to sustain injuries to his leg.

A 54 year old commuter settled his
case against the NYCTA for $1,200,000.00. when he tripped and fell on a subway platform due to the pavement being in disrepair, causing him to fall forward and to strike his head on a train pulling into the station.

The estate of a 64 year old woman
received a settlement of $425,000.00 after she was struck and killed by a speeding tractor trailer while crossing the street at the intersection of Richmond Terrace and Port Richmond Avenue.

A $1,200,000.00 settlement was reached on behalf of a 54 year old man from Staten Island, New York, who, while in the course of his employment as a bus driver, was rear-ended on the Garden State Parkway and caused to suffer injuries to his back and neck as well as a fractured rib and fractured pelvis.

A 47-year-old building superintendent who sustained injuries to his head and right side of his body due to a tripping hazard at his job site
received a settlement of $300,000.00 from the electrical company performing work at the site.

A 43 year old construction worker was caused to sustain injuries to his back, shoulder and hand when the elevator he was riding malfunctioned and dropped 8 floors. He
received $350,000.00 in the settlement of his claim against the building owner, maintenance company and elevator company.

The administrator of the estate of a 69 year old man who suffered stage four pressure sores while a patient at a Queens nursing home
settled the case for $400,000.00 after the man died.